Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA983250
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`Filing date:
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`06/25/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91240209
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`Party
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`Correspondence
`Address
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`Defendant
`Rum Dogs, Inc.
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`MICHAEL SCHWAB
`MORITT HOCK & HAMROFF LLP
`1407 BROADWAY
`NEW YORK, NY 10018
`UNITED STATES
`trademark@moritthock.com, mschwab@moritthock.com,
`bbloom@moritthock.com, msarney@moritthock.com, tbalducci@moritthock.com
`212-239-2000
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`Submission
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`Filer's Name
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`Filer's email
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`Answer
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`Michael Schwab
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`mschwab@moritthock.com, chay@moritthock.com, sbreiden-
`bach@moritthock.com
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`Signature
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`Date
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`/Michael Schwab/
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`06/25/2019
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`Attachments
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`OKOJUMO Answer.pdf(162290 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No. 91240209
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`Serial No.: 87/601976
`Class: 33
`Mark: OKOJUMO
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`MONSTER ENERGY COMPANY,
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`Opposer,
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`V.
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`RUM DOGS, INC.
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`Applicant.
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`ANSWER
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`Applicant, Rum Dogs Inc., hereby answers the Notice of Opposition dated March 22,
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`2018. With respect to the preamble, Applicant admits that it owns U.S. Trademark Application
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`Serial No. 87/601976 for the trademark OKOJUMO. Applicant does not possess any facts about
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`the Opposer and, therefore, denies allegations regarding the Opposer. Applicant denies that the
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`Opposer would be damaged by the registration of US. Trademark Application Serial No.
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`87/601976 for the trademark OKOJUMO.
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`1.
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`2.
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`Applicant admits the allegations in Paragraph 1.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 2 and therefore denies the same.
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`3.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 3 and therefore denies the same.
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`4.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 4 and therefore denies the same.
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`5.
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`6.
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`Applicant denies the allegations in Paragraph 5.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 6 and therefore denies the same.
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`7.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 7 and therefore denies the same.
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`8.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 8 and therefore denies the same.
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`9.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 9 and therefore denies the same.
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`10.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 10 and therefore denies the same.
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`11.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 11 and therefore denies the same.
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`12.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`‘
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`truth of the allegations set forth in Paragraph 12 and therefore denies the same.
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`13.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 13 and therefore denies the same.
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`14.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 14 and therefore denies the same.
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`15.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 15 and therefore denies the same.
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`16.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 16 and therefore denies the same.
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`17.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 17 and therefore denies the same.
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`18.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 18 and therefore denies the same.
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`19.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 19 and therefore denies the same.
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`20.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 20 and therefore denies the same.
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`21.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 21 and therefore denies the same.
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`22.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 22 and therefore denies the same.
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`23.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 23 and therefore denies the same.
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`24.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 24 and therefore denies the same.
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`25.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 25 and therefore denies the same.
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`26.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 26 and therefore denies the same.
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`27.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 27 and therefore denies the same.
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`28.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 28 and therefore denies the same.
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`29.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 29 and therefore denies the same.
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`30.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 30 and therefore denies the same.
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`3 1.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 31 and therefore denies the same.
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`32.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 32 and therefore denies the same.
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`33.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 33 and therefore denies the same.
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`34.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 34 and therefore denies the same.
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`35.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the allegations set forth in Paragraph 35 and therefore denies the same.
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`36.
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`Applicant admits the allegations in Paragraph 36.
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`37.
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`Applicant denies the allegations in Paragraph 37.
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`38.
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`Applicant denies the allegations in Paragraph 38.
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`Additionally, Applicant denies the Claim for Relief set forth in the Notice of Opposition.
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`Affirmative Defenses
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`FIRST AFFIRMATIVE DEFENSE
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`The Notice of Opposition fails to state a claim upon which relief can be granted.
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`SECOND AFFIRMATIVE DEFENSE
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`Applicant will assert any and all other valid defense which may be available or developed
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`through discovery and/or testimony periods in this proceeding
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`WHEREFORE, Applicant requests that the Notice of Opposition be dismissed.
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`MORVFT HOCK & HAMROFF LLP
`/
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`/
`
`/ i
`
` , Esq.
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`cha 1/ Shwa '
`ORl /T HOCK & HAMROFF LLP
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`407 Broadway
`New York, NY 10018
`212.239.2000
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`Dated: June 25, 2019
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`Attorneys for Applicant Rum Dogs, Inc.
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 25, 2019 a true and complete copy of the foregoing Answer
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`was served on counsel for Opposer Via e—mail to the following:
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`Knobbe Martens Olson & Bear, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`efilingaDknobbecom
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`TTABQDknobbecom
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`Jonathan.Menkes@knobbe.com
`Brian.Reece@knobbe.com
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`MEC.TTAB@knobbe.com
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`l 966187vl
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